New Jersey Car Accident Attorney

Why Choose Varcadipane & Pinnisi, P.C.?

When you have been injured in an accident, seeking the right legal representation is crucial to protect your rights and recover the compensation you deserve. At Varcadipane & Pinnisi, P.C., we have been serving clients throughout the New Jersey metro area with 40 years of combined experience. Our team of experienced car accident attorneys is dedicated to fighting for the rights of injury victims and ensuring they receive the justice they deserve.

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New Jersey Car Accident Attorney

Motor vehicle crashes are still one of the leading causes of serious injuries and fatalities in New Jersey and across America. As per the New Jersey Department of Transportation (NJDOT), there were more than 275,000 traffic collisions in our state in 2019 alone. Many of these accidents resulted in severe, catastrophic, or even fatal injuries and required the services of a reputable New Jersey car accident attorney.

Car accident lawyer in New Jersey

New Jersey Traffic Statistics

New Jersey is no stranger to traffic or traffic crashes. Many people rely on their cars to get around, and the highways also see many commercial trucks transporting goods across and within the state. The following are some statistics regarding traffic and accidents in NJ from last year:

What to Do After a New Jersey Auto Accident?

Auto accident injury claims are inherently complex. Unfortunately, far too many innocent accident victims make mistakes in the moments, days, and weeks that follow their wreck. As such, it becomes harder for them to obtain a full and fair recovery for their damages.

If you were in a car accident in New Jersey or New York, there are several steps you should take to preserve your injury claim:

Report the Crash

Under New Jersey law, all motor vehicle collisions that cause injuries or a minimum of $500 of property damage have to be reported to the local law enforcement agency. Following such a crash, call and request that a police officer come to the scene to make an official report. Your lawyer can use this report as evidence in your case.

Get Medical Help

If you were injured in an accident, you must seek professional medical care. If that weren’t reason enough, you won’t be able to obtain financial compensation for your injuries without valid medical records that detail the physical harm you incurred. It’s best to seek medical care after a car accident, both for your health and so that the other driver’s insurance company doesn’t attempt to claim that you suffered your injuries later.

Many accident victims skip getting the medical care they need because they don’t have any pain or feel like their injuries warrant such a step. Keep in mind that sometimes adrenaline can stop you from feeling pain, or the symptoms of your injury could be delayed. Seeking medical attention, even if it’s just to ensure you haven’t suffered any injuries, is always in your best interest.

Collect Evidence

Evidence is a key component of successful car accident claims. You need evidence to prove who is liable for the accident, how the accident happened, and the damages the accident caused. Collect as much evidence at the crash scene as you possibly can, including:

  • The contact and insurance information from other drivers
  • The police report (you may have to get this at a later date from the police department)
  • Pictures of the damage and any injuries have
  • Contact information for any witnesses

In the event that you need to get emergency medical attention, ask a family member or friend to collect evidence and get witness information on your behalf.

Meet with an Experienced New Jersey Car Accident Attorney

Finally, meet with a New Jersey car accident lawyer to discuss your accident and injury claim. Don’t attempt to go through this process on your own. It’s typical for insurance companies to try to intimidate injured claimants and offer them less money than they deserve. Reach out to a qualified car accident lawyer as soon as possible so that they can help protect you in your interactions with the insurance companies and their adjusters. Don’t ever feel pressured to speak to the insurance company before talking to a New Jersey auto accident lawyer.

Types of car accidents

New Jersey has a lot of different roads and highways, and a car collision can happen anywhere. Some crashes are more common than others, such as:

  • Intersection crashes, an illegal left turn, not following a four-way stop, and speeding through an intersection are common ways these accidents occur.
  • Rollovers: SUVs and trucks are susceptible to rollover accidents because of their design. When these vehicles make sharp turns or are struck on the highway, they can land in a ditch or worse.
  • Side impact collisions: Catastrophe ensues when one vehicle hits the side of another car. The airbags will likely deploy, leading to more injuries and property damage.
  • Highway accidents: These accidents are hazardous because vehicles are traveling at high speeds, and when a collision occurs, the results are worse than on residential streets.

A collision can occur anywhere in New Jersey and you should always take caution for reckless drivers around you. Even so, you cannot avoid collisions when a driver is determined to put others in danger.

Is New Jersey a No-Fault State?

One of the first things to understand about car accidents in New Jersey is the state’s no-fault insurance system. In a no-fault state, each driver is required to carry personal injury protection (PIP) coverage, which pays for their own medical expenses in the event of an accident, regardless of who was at fault. This means that regardless of who caused the accident, each driver’s own insurance company will cover their medical bills up to the limit of their PIP coverage.

However, there might be options to still file a fault-based claim against other drivers if you meet certain requirements. Always have a car accident attorney review your options so you can seek maximum compensation for your losses from all available insurance coverage.

What Are the Insurance Requirements in NJ?

New Jersey has specific insurance requirements that all drivers must meet. The minimum coverage requirements for most regular drivers include:

  • $15,000 for bodily injury or death per person per accident
  • $30,000 for bodily injury or death if multiple people are injured in the same accident
  • $5,000 for property damage per accident

These minimum coverage limits ensure that drivers have some level of financial protection in case of an accident. However, it is important to note that these minimums may not be enough to fully cover the costs associated with a serious accident. In such cases, car accident victims might have to turn to other policies when possible to seek compensation.

No-Fault Coverage

As mentioned earlier, New Jersey operates under a no-fault insurance system. This means that each driver’s own insurance company is responsible for paying their medical expenses and other related costs, regardless of fault. The purpose of no-fault coverage is to provide prompt medical benefits to injured parties and reduce the burden on the court system. There are different requirements for a no-fault injury claim, such as seeking immediate medical attention and reporting the accident to your PIP insurer within a short period of time.

Liability Coverage

In addition to the no-fault coverage, New Jersey drivers are also required to carry liability insurance. Liability coverage protects you financially if you are at fault in an accident and cause injury or property damage to others. This coverage helps to pay for the medical expenses, lost wages, and property repair or replacement costs of the other party involved in the accident. As mentioned above, the basic minimum liability coverage requirements in New Jersey are $15,000 for bodily injury or death per person, $30,000 for bodily injury or death if multiple people are injured, and $5,000 for property damage.

While drivers have the option to purchase more coverage, they might fail to do so, requiring a possible underinsured or uninsured motorist claim.

Uninsured Motorist Coverage

Uninsured motorist coverage is another important aspect of car insurance in New Jersey. This coverage provides financial protection if you are involved in an accident with an uninsured or underinsured driver. It helps to cover expenses for medical treatment, lost wages, and other damages that you may suffer as a result of the accident. Uninsured motorist coverage is not required in New Jersey, but insurance companies are required to offer it to drivers when purchasing a policy.

What Is Limited and Unlimited Right-to-Sue Insurance?

In New Jersey, drivers have the option to choose between limited and unlimited right-to-sue insurance. The right-to-sue option determines whether you can sue for pain and suffering resulting from a car accident.

  • Limited Right-to-Sue: Under this option, you can only sue for pain and suffering if you have sustained a specific type of injury, such as loss of a body part, significant disfigurement, a displaced fracture, or other permanent injury as defined by the state. This option typically results in lower insurance premiums.
  • Unlimited Right-to-Sue: With this option, you have the right to sue for any type of pain and suffering resulting from a car accident. This option allows for greater flexibility in seeking compensation, but it generally leads to higher insurance premiums.

Your car accident attorney will identify your rights to sue based on the insurance coverage you carry in New Jersey.

Determining fault in a New Jersey car accident

Car accidents can be catastrophic, and even a minor collision can lead to significant consequences. Finding who is legally responsible for the crash is vital because they must pay for their actions. There are also criminal components to car accidents that can affect who is negligent and legally responsible for paying you for your losses. Some behaviors are extraordinarily reckless and indicative of driver fault, such as:

These are a few examples, but authorities and your lawyer will look for legal duty, breach, causation, and damages during an investigation. These four elements must be present to prove fault.

Car Accident Injuries and Their Impact on People’s Lives

  • Whiplash. Whiplash is a common injury resulting from rapid back-and-forth head movement. It causes chronic neck pain, headaches, and restricted mobility.
  • Broken bones. Fractured bones, depending on the severity, may require extensive rehabilitation and can lead to chronic pain or mobility issues. This may lead to potential complications, such as arthritis.
  • Brain damage. Car accidents can cause traumatic brain injuries, whether they be mild concussions or severe trauma.
  • Burns. Burns may occur if a vehicle catches fire during a collision. The severity of burns can vary, ranging from first-degree (minor) to third-degree (severe), which requires immediate medical attention.
  • Herniated discs. The force exerted during a car crash can cause discs in the spine to herniate, leading to pain, numbness, and weakness. Treatment may involve physical therapy or, in severe cases, surgical intervention.
  • Back injuries. Car accidents often result in back injuries, affecting muscles, ligaments, and vertebrae. These injuries are a major cause of chronic pain that may require ongoing medical care and rehabilitation.
  • Spinal cord trauma. Spinal cord trauma is among the most severe consequences of car accidents because it can result in partial or complete paralysis. This life-altering injury requires quick medical attention and ongoing support for rehabilitation.
  • Lacerations. Broken glass, sharp objects, or other debris in the vehicle can cause lacerations. Immediate medical attention is crucial to prevent infections and ensure proper healing.
  • Amputations. In the most severe car accident cases, there can be traumatic amputations of limbs. This injury type requires not only immediate medical care but also extensive rehabilitation and psychological support.

Car accidents can have devastating long-term consequences. Victims often suffer from chronic pain, disabilities, emotional trauma, and financial burdens. The ongoing medical treatments, therapy, and surgeries can disrupt daily life and affect overall well-being. The psychological impact can linger long after physical injuries have healed.

Your car accident attorney will factor in the full extent of these consequences when calculating the damages you are entitled to. Remember, injuries from car accidents often require extensive medical treatment, both immediately following the accident and for years to come. The type of vehicle involved can also affect the severity of injuries.

It’s important to seek medical attention promptly and stay in contact with your New Jersey car accident lawyer regarding your care. This will ensure that relevant medical files are requested and your case is handled effectively.

Who’s at Fault in a Car Accident?

After an accident, you believe you know who is responsible and who should pay for your losses. However, it is more complex than you think. Your experienced New Jersey car accident attorney will need to investigate who is at fault and how they can prove to the insurance company that you deserve the payment you are asking for. New Jersey has a no-fault set of regulations, so your insurance company will pay for some of your losses regardless of fault. Some of the parties who can be responsible for your collision are:

  • Motorists
  • Mechanic
  • Pedestrian or bicyclist
  • Automotive designer
  • Auto manufacturer
  • Owner of the vehicle if they are not driving
  • Property owners
  • Local municipalities

The entity responsible for your accident may be someone different from what you think. While the no-fault system can make the recovery process more manageable, that doesn’t mean you get a fair amount of compensation. Filing an insurance claim can hinder your ability to file a lawsuit, and it is best to speak with our motor vehicle accident lawyers. Some Insurance companies do not allow claims for pain and suffering, so before you file an insurance claim, talk to a certified civil trial lawyer.

Standard insurance policy

If you have a standard insurance policy, you have the ability and the right to sue the negligent party. You can recover for pain and suffering damages. If you have a policy that has limited right to sue, then you cannot file a claim that includes pain and suffering barring any permanent injuries or:

  • Disfigurement or severe scarring
  • Loss of a body part
  • Loss of fetus
  • Displaced fractures
  • Death

Pain and suffering do not apply to all cases, and there are requirements for you to request these damages. Discuss those options with your car accident lawyer to determine if you qualify for pain and suffering, if your insurance policy allows you to file a claim, or if you need to take a different legal route.

The Importance of Car Insurance

Having car insurance is important for drivers on New Jersey roads. Our team highlights several reasons:

  • Financial protection by covering the costs of repairs, medical expenses, or legal liabilities associated with an accident.
  • In New Jersey, having auto insurance is a legal requirement. Driving without insurance can attract fines, license suspension, and other legal consequences.
  • Car insurance provides peace of mind since you are protected financially in case of an accident or any covered event.

However, keep in mind that if someone else caused your accident, their insurance should cover your losses. In such cases, you want a skilled car lawyer to handle all of these negotiations. If the driver did not have insurance, you might need to seek benefits from your uninsured motorist coverage, and you still want an experienced lawyer to handle these negotiations.

The New Jersey Statute of Limitations

After suffering injuries in a car accident, you only have so long to file a personal injury claim. In New Jersey, you only have two years from the date of the accident. This crucial deadline is known as the statute of limitations. If you miss the deadline for filing a legal claim, you no longer have any legal recourse to pursue the compensation you deserve for your injuries. This makes contacting a New Jersey car accident attorney as soon as you can even more essential.

Are You Inside of the Time Frame to File a Lawsuit in NJ?

The statute of limitations for your personal injury case is 2 years. Exceeding it can severely limit or completely invalidate your legal options for seeking compensation. Act swiftly to ensure your rights are preserved and explore your legal recourse before time runs out, otherwise, the likelihood of pursuing your case successfully may diminish considerably. However, if your claim is against a public entity, your timeframe can be significantly shorter.

Recovering damages from a car accident

You can recover two kinds of damages from a car accident claim in New Jersey. You can get economic and non-economic damages. Economics covers material losses, and non-economic is non-monetary harm you suffer, like pain and suffering. At the same time, you can be awarded both compensations; you will get one lump payment of the damages. Your award includes payment for past and future expenses, and many victims will get a financial planner to ensure they are handling the settlement award correctly.

Economic damages

You can get compensated for:

  • Lost income
  • Medical bills
  • Rental vehicle expenses
  • Towing
  • Property damage
  • Medication costs

Calculating past expenses is easy because there are receipts and a paper trail of damages and medical documents. Future costs are more challenging to calculate because they estimate what you will incur and require expert advice and a long-term medical prognosis. You will likely need an economist or labor expert to determine how your medical prognosis will impact your future employment opportunities.

Some future losses you can recover are:

  • Future medical expense
  • Future nursing costs
  • Loss of household services
  • Loss of earning capacity and income

Non-economic damages

These are not as exhaustive, and you can recover compensation for:

  • Loss of enjoyment of life
  • Emotional distress
  • Pain and suffering
  • Loss of companionship
  • Loss of consortium

Here are some car accident cases we have won

  • Hit and Run accident $1,850,000 recovered
  • Successfully secured a $450,000 settlement in an automobile accident
  • 900k successfully recovered from a mother and daughter injured in an auto accident
  • 850K recovered from an injured driver in a drunk driving accident

Visit our case results page to find more outcomes like this one.

What Is the Timeline of a Car Accident Lawsuit?

If you are involved in a car accident in New Jersey and decide to pursue a lawsuit to seek compensation for your injuries and damages, it is important to understand the timeline of a car accident lawsuit. Here is a general overview of the process:

  • Accident and Immediate Aftermath: The accident occurs, and you seek immediate medical attention if necessary. Contact your insurance company and notify them of the accident.
  • Investigation and Gathering Evidence: Your attorney will conduct an investigation to gather evidence related to the accident, such as police reports, witness statements, medical records, and any other relevant documentation.
  • Filing a Lawsuit: If a settlement cannot be reached with the insurance company, your attorney will file a lawsuit on your behalf. This initiates the formal legal process.
  • Discovery: Both parties engage in the process of discovery, which involves exchanging information, documents, and evidence related to the case. This helps both sides prepare for the trial.
  • Negotiations and Settlement Negotiations: Throughout the legal process, there may be opportunities for settlement negotiations. Your attorney will work to negotiate a fair settlement on your behalf.
  • Trial: If a settlement cannot be reached, the case may proceed to trial. Your attorney will present your case before a judge or jury, and a verdict will be reached.
  • Appeals (if Applicable): If either party is dissatisfied with the verdict, they may choose to appeal the decision to a higher court.
  • Collecting the Judgment: If you are successful in your lawsuit, you will need to collect the judgment awarded to you. Your attorney will help guide you through this process.

It is important to note that the timeline of a car accident lawsuit can vary significantly depending on the specific circumstances of the case. Some cases may be resolved quickly through settlement negotiations, while others may take longer if they go to trial.

New Jersey Car Accident Attorney: Protect Your Rights and Seek the Compensation You Deserve

If you have been involved in a car accident in New Jersey, you always want to have a skilled car accident attorney by your side. Varcadipane & Pinnisi, P.C. is a trusted New Jersey car accident attorney firm with a strong track record of helping clients through the complicated issues of car accident cases. Our experienced team is well-versed in New Jersey car accident laws and can provide you with the competent legal representation you need.

Do not hesitate to contact Varcadipane & Pinnisi, P.C. at (201) 588-1500 to discuss your case and protect your rights. Our team is dedicated to helping you seek the compensation you deserve and providing you with the guidance and support you need during this challenging time.

Being involved in a car accident in New Jersey can be overwhelming, but with the right legal representation, you can navigate through the complexities of the legal system and seek the compensation you deserve. Varcadipane & Pinnisi, P.C., a trusted New Jersey car accident attorney firm, is here to help. Contact us today to schedule a consultation and let us fight for your rights. Remember, you don’t have to face the aftermath of a car accident alone.

Other Injury Cases We Handle in New Jersey

Motorcycle accidentsTruck AccidentsConstruction AccidentsSlip and Fall AccidentsWrongful DeathProfessional MalpracticeMedical MalpracticeBirth Injury, NegligenceProduct Liability, and Dog Bites.

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See directions of our Paramus car accident office.

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Frequently Asked Questions

If you have been involved in a car accident and are considering filing a lawsuit, you may have many questions and concerns. Here, we address some common FAQs related to car accident lawsuits in New Jersey. For answers to specific questions, contact our team at Varcadipane & Pinnisi, P.C. directly.

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Yes, you can file a lawsuit after a car accident even if you have a pre-existing condition. The key factor in determining the outcome of your case will be proving that the car accident aggravated or worsened your pre-existing condition. It is crucial to consult with an experienced car accident attorney who can evaluate your case and help determine the viability of your claim. A skilled attorney will gather medical records and expert opinions to build a strong case on your behalf.

Yes, you might still file a case even if you do not feel injured immediately after a car accident. Some injuries may not manifest until hours or even days after the accident. This is why it is important to seek medical attention as soon as possible, even if you do not feel any immediate pain or discomfort. A healthcare professional can thoroughly evaluate your condition and provide a proper diagnosis. Additionally, it is advised to consult with our New Jersey accident lawyers who can guide you through the legal process and ensure your rights are protected.

To obtain a police report for a car accident in New Jersey, you can request a copy from the police department that responded to the accident. The report typically contains important details such as the date, time, and location of the accident, as well as the names of the involved parties and any witnesses. It may also include a narrative description of how the accident occurred and any citations that were issued. Having a copy of the police report is crucial when filing a car accident lawsuit, as it serves as valuable evidence to support your case.

No, the police report does not automatically go to insurance in New Jersey. In most cases, it is your responsibility to provide a copy of the police report to the proper insurance company when making a claim. This is why it is important to obtain a copy of the police report as soon as possible after the accident. Additionally, it is advisable to consult with an NJ car accident attorney who can help you navigate the insurance claim process and ensure your rights are protected.

No, most New Jersey automobile accident lawsuits do not go to trial. Many cases are settled through negotiations between the parties involved and their respective attorneys. However, it is important to have skilled legal representation to effectively negotiate on your behalf and ensure that you receive fair compensation for your injuries and damages. A car accident attorney will work diligently to build a strong case and seek a favorable settlement, but they are also prepared to represent you in court if necessary.

Remember, if you have any further questions or concerns regarding your car accident case, consult with our experienced car accident attorneys. We can provide you with the guidance and support you need to navigate the complex legal process.

Whether or not it’s worth filing a lawsuit depends on your unique circumstances. Pursuing a lawsuit can use more resources, be time-consuming, and can be emotionally draining. Moreover, the compensation you can recover from a minor or no-injury claim is usually not high enough to justify the costs and effort involved.

If the damages are minor, the case may be resolved through direct communication with the other party’s insurer. However, if the incident involves significant property damage or the insurance company is uncooperative, it may be necessary to pursue legal action. In such cases, you need to discuss the best option with a car accident lawyer to assess the feasibility of a lawsuit and protect your interests.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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